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HomeMy WebLinkAbout11TH PLEASANT HIGHLAND " " Filed tor Record at Request ot: Name: Address: Bremerton City Clerk 239 Fourth Street Bremerton. WA 98337 ~\:GTO{CITr ): 200102280037 Page: 1 of 2 92/28/2991 99:93A OR) $S. 9S Ki tsap COI ~A When Recorded Return to: Document Title: Ordinance No. .J.j7."~ Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City ot Bremerton Grantee's Name: Not Applicable Tax Parcel #: Not Applicable. Abbreviated Legal Description: THAT PORTION OF THE SW QTR OF THE NW. QTR SEC 13, T 24 N, R 1 E, W.M. KITSAP CO. WA. ORDINANCE # 475~ AN ORDINANCE Vacating the north 35 teet of the alley north of 11th Street Place between Pleasant Avenue and Highland Avenue. WHEREAS, Mr. Louis A, Cobb has petitioned to vacate this undeveloped right- of-way; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of.:.way set forth. herein is not ne'eded for present or future use and should be vacated to allow the abutting property owners to maintain the parcel, now therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following rights-ot-way are hereby vacated to the adjoining property owners. Ordinance Vacating Portions of Cottman Avenue and Perry Street Page 1 ~ THAT PORTION OF THE ALLEY ABUTTING LOT 2 IN THE PLAT OF BERGLAND'S FIRST ADDITION TO THE CITY OF BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS PAGE 74, IN KITSAP COUNTY, WASHINGTON. Section 2. Reservation of Easements. This vacation shall have no affect on public utility easements or private easements which have been established within the rights-of-way subject to this vacation ordinance. Section 3. Effective date. This vacation shall become effective ten (10) days from passage and publication. q APPROVED by the City Council of the City of Bremerton this a,4:rh ~-UJ1.1l" ,2001.. (( PASSED by the City Council of the City of Bremerton this \.:? ,.,i; 4 h?{<P-J. r- ,2001. day of day of APPROVED this ~ , Council President dayof ~ ,2001. ~~ ,J. <t/.~ L L YN HORTON, Mayor ATTEST: , City Clerk EFFECTIVE DATE d!../'f,O/ PUBLICATION DATE 0/. 9..0 I ORDINANCE NUMBER 475<< Ordinance Vacating Portions of Cottman Avenue and Perry Street Page 2 I I J.\~_L TO.. tiT I j, I I ORJ 200102280037 Page: 2 of 2 S2/28/2SS1 S9:S3A Kitsap COI WA . $;5. \:It! ~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE # ~ 75d-; VACATING THE NORTH 35 FEET OF THE ALLEY NORTH OF 11TH STREET PLACE BETWEEN PLEASANT AVENUE AND HIGHLAND AVENUE. 2. CLEARANCES: (comment on bac lij Director, Public W orkslUtilities If, f\s'sl City Attorney Director, Community Development Council Budget & Finance Committe Operations Committee 3} FOR AGENDA OF: January)(, 2001 ORIGINATING DEPT: PW&U Engineering Div. ORIGINATOR: Jennifer Strehler, City Engineer TE~~ Janu 10,2001 . oI'~ 3. E BITS A. Ordinance # -4- 15:;)- . B. Site Map. C. Staff Report. ENDORSEMENT.--L /7INF9)U4ATION_ APPROVED BY COUNCIL ~:....~OR SUBMITTAL: MAYOR ~ ~ ~ COUNCIL PRESIDENT >~---- ~< _ ..,/ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has received a petition from Louis A. Cobb to vacate the north 35 feet of the alley north of 11 th Street Place between Pleasant Avenue and Highland Avenue. A hearing date of January 24, 2001 was set by City Council on December 27, 2000. This right-of-way consists of a portion of undeveloped right-of-way that is not needed for public use. The vacation is being requested by the abutting property owner to improve the property. Posting of the hearing notices and mailings to the adjacent property owners have been completed in accordance with State law and Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of the north 35 feet of the alley north of 11 th Street Place between Pleasant Avenue and Highland Avenue. 8. RECOMMENDATION: T\; Matioll tv a.~~ro\'e tRe a,ttachcd Orclimmee, '/aeatin~ the. llVllh 35 feet of th@ all@y nGrtn gf 11th ~treet Place _ _ beth C'-'ll Plt:i:1::ii:1uL A venue; <1lHi IIighlafld .^. V8FHiEl, 0n first n~adiHg:- B. Motion to pass Ordinance # 11.'1:+- , vacating the north 35 feet of the alley north of 11 th Street Place between Pleasant Avenue and Highland Avenue, on second reading. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/ A EXPIRATION DATE: REVIEW DATE: COUNCIL DIRECTIVE 10. NOTICE OF ACTION TABLED APPROVED V DISAPPROVED 5'(p / IJj.d f(cU%lJC)/( ~% ~ AMENDED PULLED DATE: 11. AGENDA BILL NO: 0 (- (););)-. " 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The area will remain right-of-way, which may restrict improvements of the area. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT.OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES , BMC 11.20 Vacation of Public Rights-of-Way RCW 35.79 Streets ab, Agenda Bills 200 I, Cobb, Pleasant & Highland I 73TH 1206 , J ) I 1204 > - J I 1202 r '\ I II 1 1 1 3 I y/\ 1 1 1 0 :.. 1 1 1 4 I rn1 1 09 1 1 1 0 11111b ~ I ~ I 1 1 06 1107 I II ,<I I 11107 ) , 1104/ I C:I II \~. \ I~ fIj 77TH PLA CE I \ 958 L() I ..-- 955 ~ 955 OJ/'--.. 00 l 1 I I f'I) f'I) \ 952 I I I STREET VACATION REQUEST ALLEY BETWEEN PLEASANT AVENUE AND HIGHLAND AVENUE, NORTH OF 11TH PLACE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: January 24,2001 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicants: Louis A. Cobb 1110 Pleasant Avenue Bremerton, Wa 98310 Location: The north 35 feet of the alley north of 11 th Place between Pleasant Avenue and Highland Avenue B. Attachment: Vicinity Map and Vacation Map BACKGROUND The applicant has petitioned the City of Bremerton to vacate the northerly 35 feet ofthe alley that abuts their property (approximately 420 square feet). The existing developed alley terminates at the south line of the applicant's property. A board fence was constructed on top of a small retaining wall which runs along the property line through the alley. The elevation at the alley is approximately three feet higher than the applicant's property. The vacation will eliminate a portion of undeveloped right of way, not needed for Public Use. RIGHT OF WAY CONDITIONS . Functional Classification . Existing R -0- W Width . Proposed R -0- W Width . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Local Access 12 feet N/A None None None None November 7,2000 Alley North of 11 th Street Vacation Page 1 of5 HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of the alley is not required for public use. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this improved right-of-way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public use. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: &It.~bjeQ;;p~0:bjav;~~I~~!r<;lq~i_~_~p~abuttift;g;1l~tlj~fty ,o~S1I~ .tQ~aat~. November 7,2000 Alley North of 11 th Street Vacation Page 2 of5 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. There are no existing utilities 10cated within this portion of the right-of-way. SUFFICIENCY OF SIGNATURES The request for the vacation was made by more than two thirds (on a front footage basis) of the property owners abutting the property to be vacated. COMPENSATION This is a Class III right-of-way as defined in Ordinance 4664. This type of right-of-way is limited to a public easement which is generally unimproved and for which no public funds have been expended in the acquisition or in the acquisition or providing improvements. No compensation is required for Class III right-of-way. STAFF COMMENTS No objections were noted from Police, Engineering, City Attorney or Community Development staff. The Fire Department requires that Fire Department Access shall be maintained per the Uniform Fire Code and Bremerton Roadway Standards via another route. This vacation will not adversely impact the current ability of the Fire Department to access these lots. Staff recommends that this Street Vacation be approved as requested without modification. November 7,2000 Alley North of 11 th Street Vacation Page 3 of5 . . -:- November 7, 2000 Alley North of 11th Street Vacation Page 4 of 5 . . View of alley from applicant's property looking south. November 7,2000 Alley North of 11 th Street Vacation Page 5 of 5 RESOLUTION NO. (:),,781 A RESOLUTION proposing the right-of-way vacation of the north 35 feet of the alley north of 11 th Street Place between Pleasant Avenue and Highland Avenue. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: "\- 1. A petition has been received to vacate ofthe north 35 feet of the alley north of 11 th Street' Place between Pleasant Avenue and Highland Avenue right-of-way. 2. A public hearing will be held on January 24,2001, at 5:30 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. PASSED by the City Council of the City ofBremerton This rJ.Z:f:/u dayof ~~ ,2000. &ud~ CAROL ARENDS, Council President . .~ ". AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # ~ 7 ~ '1, SETTING A HEARING DATE OF JANUARY 24, 2001, FOR VACATING THE NORTH 35 FEET OF THE ALLEY NORTH OF 11 TH STREET PLACE BETWEEN PLEASANT AVENUE AND HIGHLA.l'-l1) AVENUE. FOR AGENDA OF: December 27, 2000 ORIGINATING DEPT: PW&U Engineering Div. ORIGINATOR W. Eugene Sampley, Director PW &C DATE SlJBMITTED: December 15, 2000 2. CLEARANCES: (comment on back i Director, Public WorkslUtilities IFs1 City Attorney Director, Community Development Council Budget & Finance Committee Operations Committee ~ ENDORSE({~~~FY !]iFOjZMATION_ APPROVED BY COUNCIL PRESIDENT FOR SUB!'A1TJAL: MAYOR~f- CJ--h--..L-.. COUNCILPRESIDENT &G-~ a-.-~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 3. EXHIBITS A. Resolution # ,:2. r 8 q B. Site Map. The City has received a petition from Louis A. Cobb to vacate the north 35 feet of the alley north of 11 th Street Place bet\veen Pleasant Avenue and Highland Avenue. This right-of-way consists of a portion of undeveloped right-of-way that is not needed for public use. The vacation is being requested by the abutting property owner to improve the property. The City Council is requested to establish a hearing date of January 24,2001 to consider the proposed vacation. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: Move to pass Resolution # J72? setting a hearing date of January 24,2001, for the vacation of the north 35 feet of the alley north of 11 th Street Place between Pleasant Avenue and Highland Avenue. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/ A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION APPROVED ~ DISAPPROVED_ -S-l' A.MENDED PULLED TABLED COUNCIL DIRECTIVE r4, 911 s DATE: 11. AGENDA BILL NO: 00 -~3C{; 2. CLEARANCE COMMENTS: ~ 5. IMPACT ON NON-PASSAGE: The hearing on the street vacation will not occur, and the rights-of-way will not be considered for vacation. ?; t 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of Way RCW 35.79 Streets ab. Agenda Bills 2000, Cobb, 11 th St PI \ ~ \ r~ r-;J\ ,. r::. \J I ..., \ c\\,)': l: ,- O' -II 0 I \ ..-' , ~, Q "^ " h~eL t..:. \- o.y s .,. 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